How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Thomas McJD Your Own Question

Thomas McJD
Thomas McJD, Attorney
Category: Estate Law
Satisfied Customers: 6515
Experience:  Wills, Trusts, Probate & other Estate Matters
19305272
Type Your Estate Law Question Here...
Thomas McJD is online now
A new question is answered every 9 seconds

My mother passed away in 1995. My sister is handling the trust.

Resolved Question:

My mother passed away in 1995. My sister is handling the trust. Everything in the will was turned over to the trust and my sister will not settle the estate, There are 4 heirs. I would like to see if there is a form that will take me out of the picture. I am worried that I may be responsible for things that my sister may do with the estate and I do not want to be lible. Example: I have another sister that has been in a nursing home since 1995 with the state paying her expenses because my sister swore that this sister had no assets. She is an heir. I am worried that the state can come back on me personally for the money that they have paid when my sister should have settled the estate and used my sisters portion towards her living expenses and did not All heirs live in Georgia and the property is in Georgia.
Thank you for your help.
Submitted: 1 year ago.
Category: Estate Law
Expert:  Thomas McJD replied 1 year ago.

TMcJD :

Hi, I will be happy to assist you, and it is my goal to make you a very satisfied customer! This may take a few minutes, so thanks for your patience.

TMcJD :

When you say you spent $35,000 trying to settle the case, does that mean you retained an attorney? Did that involve an attempt to settle the trust as well? What prevented a settlement of the trust? Why do you have concerns that you might be liable for any wrongdoing by your sister?

Customer:

ok

Customer:

The day we went to court my sister turned everything over to the trust. At that point the judge said that we would have to go to civil court and the lawyer said it would cost us again as much as we already spent so we gave up. That was over 8 years ago now.

Customer:

Because I think there is fraud to the state paying for the nursing home when my sisters share should have paid until that money ran out.

TMcJD :

Why were you fighting at the probate estate level when the will directed everything to go to the trust -- maybe there's information I'm missing but that seems like bad legal advice and/or services by the attorney. Could you explain what the reasoning was and why you didn't wait to force a distribution of trust property once everything was in the trust? Thanks.

Customer:

Nothing was turned over to the trust until we went to probate court and that was 12 years after my mother died. We did not know that she could turn everything over to the trust at that point. That is when we gave up. We agree it was all a bad experience.

TMcJD :

I see. I'm sorry you've had this experience. Do you know if the trust terms require distribution of the property to the 4 of you named as beneficiaries of the trust? Or does the trust allow the property to be held in trust over time?

Customer:

It can be held in trust over time but not longer than 25 years. The will had stated that everything would be divided upon her death, but that did not happen.

Customer:

i have to run an errand so I can't wait any longer for an answer

TMcJD :

Okay. Thanks for the clarification on everything. Again, please let me say I'm very sorry you're going through all this. Unfortunately, your remedy would involve getting another attorney and going back to court. That is because if the trust terms provide that the property can be held in trust, you would only be able to force a distribution if you could show that your sister that is trustee has abused her duties as trustee (and if the trust terms allow distribution at the discretion of the trustee). If the trust terms don't allow a distribution within the 25 years, even at the discretion of the trustee, it would be more difficult to compel a distribution. Either way, you unfortunately would have to take the issues before the court to get anything done. As far as you being liable for your sister's wrongdoing - you have no liability there. You didn't provide inaccurate information. She did. Only she can be liable for her unlawful acts. The state could take your other sister's share of the trust for expenses and costs they have incurred for her care, but the state would not be able to take your share of the trust property. I wish I had better news for you, but the legal remedies in this type of situation are complex and do require court action (which means an attorney would need to be involved).

TMcJD :

Please let me know if you need clarification or additional information.

TMcJD :

I wish I could have provided better news for you, but the law just doesn't provide an easy remedy. Please keep in mind when rating my service that you are rating my professionalism, not whether the law supports your position or was what you wanted or expected. I hate it when the law doesn't support your position or is different than what you wanted or expected, but I have to tell you the trust. Please don't shoot the messenger.

TMcJD :

Thanks for understanding.

Thomas McJD, Attorney
Category: Estate Law
Satisfied Customers: 6515
Experience: Wills, Trusts, Probate & other Estate Matters
Thomas McJD and 4 other Estate Law Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • My husband has been driving me insane with questions regarding estate issues since his mother died. I'm not a lawyer! Thanks to JustAnswer, I was able to calm his concerns. Loretta T Illinois
< Last | Next >
  • My husband has been driving me insane with questions regarding estate issues since his mother died. I'm not a lawyer! Thanks to JustAnswer, I was able to calm his concerns. Loretta T Illinois
  • Thanks Adam!! - A very direct and understandable response - you have been a great help! Happy Customer Ellicott City, MD
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
 
 
 

Meet The Experts:

 
 
 
  • Thomas McJD

    Attorney

    Satisfied Customers:

    3076
    Wills, Trusts, Probate & other Estate Matters
< Last | Next >
  • http://ww2.justanswer.com/uploads/MC/mclemorelawyer/2011-9-21_193631_IMGP8718Version2.64x64.jpg Thomas McJD's Avatar

    Thomas McJD

    Attorney

    Satisfied Customers:

    3076
    Wills, Trusts, Probate & other Estate Matters
  • http://ww2.justanswer.com/uploads/NY/nyclawyer/2012-6-7_22011_photo66139201112041.64x64.jpg Infolawyer's Avatar

    Infolawyer

    Attorney

    Satisfied Customers:

    3781
    Licensed attorney helping individuals and businesses.
  • http://ww2.justanswer.com/uploads/BA/barristerinky/2012-6-10_22423_office.64x64.jpg Barrister's Avatar

    Barrister

    Attorney

    Satisfied Customers:

    2188
    13 yrs estate law, real estate. Wills/Trusts/Probate
  • http://ww2.justanswer.com/uploads/RA/rayanswers/2012-6-7_23346_Untitled1.64x64.jpg RayAnswers's Avatar

    RayAnswers

    Attorney

    Satisfied Customers:

    1484
    Texas lawyer for 29 years in Estate law
  • http://ww2.justanswer.com/uploads/RO/RobertJDFL/2012-6-6_175352_7538220120606.64x64.jpg RobertJDFL's Avatar

    RobertJDFL

    Attorney

    Satisfied Customers:

    1226
    Experienced in multiple areas of the law.
  • http://ww2.justanswer.com/uploads/PH/philip.simmons/2012-6-7_161915_BIGPhilipSimmons.64x64.jpg P. Simmons's Avatar

    P. Simmons

    Attorney

    Satisfied Customers:

    770
    12+ yrs. of experience including estate law.
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    754
    Fully licensed attorney in Texas in private practice.
 
 
 
Chat Now With An Estate Lawyer
Thomas McJD
Thomas McJD
3170 Satisfied Customers
Wills, Trusts, Probate & other Estate Matters